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FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA ACT 2021 (NO. 12, 2021) - SECT 78

Management of administrative affairs of the Federal Circuit and Family Court of Australia (Division 1)

             (1)  The Chief Justice is responsible for managing the administrative affairs of the Federal Circuit and Family Court of Australia (Division 1).

             (2)  The administrative affairs of the Federal Circuit and Family Court of Australia (Division 1) do not include the corporate services of the Court.

             (3)  The following matters relating to the Federal Circuit and Family Court of Australia (Division 1) are the corporate services of the Court:

                     (a)  communications;

                     (b)  finance;

                     (c)  human resources;

                     (d)  information technology;

                     (e)  libraries;

                      (f)  records management;

                     (g)  administrative matters relating to judgments, to the extent that such matters do not involve the exercise of judicial power;

                     (h)  procurement and contract management;

                      (i)  property;

                      (j)  risk oversight and management;

                     (k)  court security;

                      (l)  statistics;

                    (m)  any other matter prescribed by a determination under subsection (7).

             (4)  For the purpose referred to in subsection (1), the Chief Justice has power to do all things that are necessary or convenient to be done, including, on behalf of the Commonwealth:

                     (a)  entering into contracts; and

                     (b)  acquiring or disposing of personal property.

             (5)  The powers given to the Chief Justice by subsection (4) are in addition to any powers given to the Chief Justice by any other provision of this Act or by any other Act.

             (6)  Subsection (4) does not authorise the Chief Justice to enter into a contract under which the Commonwealth is to pay or receive an amount exceeding:

                     (a)  $1 million; or

                     (b)  if a higher amount is prescribed--that higher amount;

except with the approval of the Minister.

             (7)  The Minister may, by legislative instrument, determine matters that are the corporate services of the Court (see paragraph (3)(m)).

Note 1:       See Part IIB of the Federal Court of Australia Act 1976 for provisions relating to the corporate services of the Court.

Note 2:       For the purposes of the finance law (within the meaning of the Public Governance, Performance and Accountability Act 2013 ), the officers and staff of the Federal Circuit and Family Court of Australia (Division 1) are officials of the listed entity referred to in section 18ZB of the Federal Court of Australia Act 1976 .

Note 3:       For the purposes of the Public Service Act 1999 , the APS employees referred to in section 103 of this Act are part of the Statutory Agency declared under section 18ZE of the Federal Court of Australia Act 1976 .



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